Huntington Beach Workers’ Compensation Lawyer

The workers’ compensation system exists to ensure that any employee injured at work has economic relief for their medical expenses and lost income. Unfortunately, filing for workers’ compensation isn’t always easy, and some employers are not as helpful as they should be with the claim process. Some employers even go as far as to interfere with employees’ claims or engage in illegal retaliation in response to legitimate workers’ compensation claims that raise their insurance premiums.

Legal Counsel for Huntington Beach Workers’ Compensation Claims

Every employer in California has a legal obligation to carry workers’ compensation coverage, even if they have a single employee. California employers also have a legal duty to provide injured employees with the claim forms and other information they require to file for workers’ compensation benefits after workplace injuries happen. Suppose you have recently sustained an injury at work and need any level of assistance with your workers’ compensation claim. In that case, a Huntington Beach workers’ comp lawyer may be the best available asset to guide you through this complex situation.

The team at Pratt Law Corporation has years of experience helping our clients in the Huntington Beach area with their workers’ compensation claims and personal injury claims. We understand how difficult it can be for an injured worker to navigate the California workers’ compensation claim process. Our team will help you through it, identify any failures on your employer’s part in handling your case, and help you address delays and other proceedings with the California Division of Workers’ Compensation (DWC). In addition, if your workers’ compensation benefits are insufficient for covering the full scope of your damages from your workplace injury, we may be able to help you explore further legal options to maximize your recovery.

Is It Worth Getting a Workers’ Comp Injury Attorney?

Technically, you do not need legal representation to file for workers’ compensation benefits in California. However, hiring a Huntington Beach workers’ comp lawyer will make the process much easier and minimize the chance of encountering undue resistance against your legitimate claim from either your employer or the DWC. In addition, your attorney can ensure your workers’ compensation claim form is corrected and that you submit all necessary supporting documentation, such as incident reports from your workplace and the medical report from your examining physician.

When you encounter problems with your claim, such as an unfair denial, unreasonable delay in claim processing, or conflicts with your employer regarding your claim, our team can also help you address these issues. For example, suppose your workers’ compensation benefits do not fully cover your damages resulting from your workplace injury. In that case, we can help you file a personal injury claim against the party responsible for causing your damages. Additionally, suppose your employer illegally retaliates against you in any way in response to your claim for workers’ compensation benefits. In that case, we will help you hold them accountable to the fullest extent possible under California law.

How Much Do Workers Compensation Lawyers Charge in California?

It’s natural to be concerned about the cost of legal fees if you are considering hiring a Huntington Beach workers’ comp lawyer. However, you are likely already struggling with expensive medical bills from the treatment of your injuries and financial strain in your household due to your inability to work, and you may be running out of sick days and vacation time to use during your recovery period. Pratt Law Corporation offers reasonable legal fees and will provide you with complete and transparent billing information before you sign any contracts for legal counsel. This way, you will know exactly what to expect regarding your legal fees and can make a fully informed decision about your options.

If you consider what you stand to lose by not hiring legal representation and the value a Huntington Beach workers’ comp lawyer can provide to your situation, it should be clear to see the cost of your legal representation is justifiable. Our team can help you secure the compensation you need to have peace of mind after suffering a workplace injury that leaves you unable to earn income for you and your family. We can also help you address related legal issues and navigate the claim process with clarity and confidence.

Understanding the Workers’ Comp Benefits Claim Process

When you suffer an injury at work, even if you caused it yourself, you should report the injury immediately to your supervisor. If it is serious, you should seek emergency medical treatment. California workers’ compensation law requires the employee to visit a physician approved by their employer’s workers’ compensation insurance carrier. If you can, report the injury to your supervisor and ask them for the necessary claim materials. They should provide you with a list of local approved doctors verified by their workers’ compensation insurance carrier.

In an emergency, an injured worker can see any available doctor for immediate treatment. However, once their condition has stabilized, they must visit a physician approved by their employer’s workers’ compensation insurance carrier. The workers’ comp doctor will examine the injured employee and assign them a disability rating based on the severity of their injury and the likelihood of the injury interfering with their ability to perform their job duties or causing permanent damage. This disability rating is crucial in any workers’ compensation claim as it will determine the extent of the benefits the claimant can receive and how long those benefits will continue.

Once you have received the medical report and disability rating from your workers’ comp doctor, you can proceed with filing your claim. The claim process requires the completion of paperwork and submission of supporting documentation. If you have trouble completing your workers’ compensation claim form and gathering the materials you need to submit with it, your Huntington Beach workers’ comp lawyer can help.

It’s important to remember that you should file your workers’ compensation claim as soon as possible after your injury occurs. Technically, California state law provides a one-year statute of limitations for filing workers’ compensation claims. This is because some workplace injuries do not manifest immediately noticeable symptoms, and an injury can begin interfering with the affected employee’s ability to do their job months after their injury happened. While this seems like a generous time limit, it is always best to file your claim as soon as possible. Waiting to file for workers’ compensation could cause the DWC to doubt the validity of your claim and lead to significant delays in processing it.

Once the DWC reviews your claim and the supporting documentation, it will approve or deny it based on its findings. If approved, workers’ compensation benefits can include coverage of your medical expenses for treating your workplace injury and temporary disability benefits for up to two-thirds of your average weekly wages while you recover. If you sustained a severe injury and will be unable to make a complete recovery, permanent disability benefits are possible. In addition, if an employee dies from a workplace injury, their family can recover death benefits through the California workers’ compensation system.

Can You Sue Your Employer While on Workers’ Compensation?

The workers’ compensation system protects employees by providing financial relief after workplace injuries and protects employers by effectively insulating them from civil claims for damages from injured employees. Typically, you cannot file a lawsuit against your employer for a workplace injury. The only exceptions to this rule would include intentional infliction of harm from your employer, such as an assault, or if your employer fraudulently conceals information pertinent to your workers’ compensation claim.

It is, however, possible to file a civil claim if your workplace injury occurred due to the actions of a third party outside of your workplace. For example, suppose you were completing a delivery for work, and a drunk driver hit your vehicle. In that case, workers’ compensation could provide coverage for your medical expenses and temporary disability benefits. You would have the right to file a civil claim against the drunk driver to recover lost income that workers’ compensation does not provide as well as your pain and suffering.

It is also possible to take legal action against an employer who retaliates against you for filing a workers’ compensation claim or if your employer illegally interferes with your claim in any way. For example, suppose you suffer a workplace injury and your employer fires you after you request a workers’ compensation claim form. In that case, this will likely constitute grounds for a retaliation claim against your employer.

Suffering a workplace injury can lead to expensive medical bills and lost income during your recovery when you cannot work. While the workers’ compensation claim process exists to ensure injured workers have the economic support they need after suffering injuries on the job, the system does not always work the way it should, and not every employer fulfills the obligations set forth by the California DWC.

Pratt Law Corporation can provide the comprehensive legal counsel you need when you have been injured at work, regardless of how your injury happened. Whether you need assistance with the workers’ compensation claim process, appealing a denied claim for benefits, or addressing adverse treatment from your employer, we can help. If you are ready to discuss your legal options with an experienced Huntington Beach workers’ comp lawyer, contact Pratt Law Corporation today and schedule a consultation with our team.